Porter v. Crawford & Co.

ON MOTION FOR REHEARING

Both Crawford & Company and Carriers Insurance Company have filed motions for rehearing and for transfer. Both continue to argue that there is no violation of a legal duty and thus there can be no cause of action because the defendants had a statutory right to stop payment on the check. Thus, the defendants continue to refuse to recognize the principle that the duty violated in any intentional tort is the duty to avoid intentionally causing harm to another without justification.

It is not the exercise of the lawful right to stop payment which creates the tort. The…